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Court orders full restoration of DACA program
The Washington Times ^ | February 13, 2018 | Stephen Dinan

Posted on 02/13/2018 1:32:27 PM PST by jazusamo

A federal judge in New York ruled Tuesday that the government must fully restart the Obama-era DACA deportation amnesty and accept brand new applicants as well as renewals, throwing a potential wrench in the ongoing debate over the fate of “Dreamers” on Capitol Hill.

Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so — and the Homeland Security Department’s September 2017 rationale fell far short of what is required in that regard.

He becomes the second judge to rule President Trump’s aides bungled the phaseout — but his decision is the most wide-ranging, ordering the government to not only allow those already in the program to renew their applications but also ordering the government to accept new applications.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; US: New York
KEYWORDS: aliens; daca; dhs; dreamers; federaljudge; federaljudgedaca; garaufis; illegalaliens; immigration; judgegaraufis; newyork; obama; trump
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To: jazusamo

No borders, no country. No laws, no civilization.


181 posted on 02/14/2018 12:11:59 AM PST by Yaelle
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To: Vlad The Inhaler

Now I’m confused because when the travel ban business was going on with some judges trying to deny president Trump the authority to create and enforce such law it was stated here that he and the executive branch has sole authority over immigration policy.


182 posted on 02/14/2018 12:22:34 AM PST by kelly4c
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To: morphing libertarian

It IS very worrying. I’m starting to lose hope in this country ever getting back on the right track when there is this much ignorance of the constitution/law by the very ones we have entrusted to be the arbiters of such.


183 posted on 02/14/2018 12:30:52 AM PST by kelly4c
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To: Electric Graffiti

Why was this brought before the court in the first place?


184 posted on 02/14/2018 12:33:34 AM PST by kelly4c
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To: Lazamataz

Repeal the EO of gravity!

But you must show good cause.


185 posted on 02/14/2018 2:29:20 AM PST by glock rocks (... so much win!)
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To: jazusamo

I do not believe a judge has this power. The admin should ignore it. To the same degree Obama had the power to establish DACA , Trump has the power to dissolve it.


186 posted on 02/14/2018 3:04:24 AM PST by ez ("Abashed the devil stood and felt how awful goodness is." - Milton)
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To: jazusamo

Good, issue solved.

Drop all amnesty bills now.

Dems got everything they want for nothing.

No debate needed,


187 posted on 02/14/2018 4:33:40 AM PST by sickoflibs (Message to Trump: Your buddy Linda (Lindsey) Graham stabbed you in the back!)
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To: jazusamo

Frustrates me as much as anyone.
I blame the DOJ leadership on this. Everybody on this board knew
that the judicial obstruction play was going to be run. Where are Sessions and Rosenstein? They should be anticipating these ridiculous temporary
roadblocks. I mean if the USAG can’t put a case in front of the right judge to support a POTUS that ran on this very issue then he should just resign.
I mean I get Rosenstein - he’s a rat, but Sessions should hang his jug eared head in shame.


188 posted on 02/14/2018 4:55:04 AM PST by Palio di Siena
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To: jazusamo
Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so...

This guy is a moron. If the president has the power to revoke DACA then he has the power to revoke DACA. There is not "giving a sound reason to a judge" clause in Article II of the Constitution. Nor Article II, for that matter.

I think maybe a "sound reasoning" clause in Article I might do some good... ;-)

189 posted on 02/14/2018 5:10:20 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: jazusamo

:: must give a sound reason for doing so ::

How about that the EO has, written into it, a sunset clause that activates on March 5?


190 posted on 02/14/2018 6:31:34 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: wastedyears

Just wondering out loud....

Maybe POTUS should nominate additional federal judges to these rogue courts. How would Garaufis rule with a co-judge?


191 posted on 02/14/2018 6:41:35 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: GOPe Means Bend Over Spell Run
"Trump should simply say I revoke it under my authority as POTUS, period. Then give this judge the middle finger!"

For the life of me, I can't understand why he hasn't done this in response to this and other judicial "rulings."

192 posted on 02/14/2018 6:42:16 AM PST by daler
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To: NewJerseyJoe

Indeed. Judges today need to be removed, impeached, and replaced if they are not going to follow the rule of law, and that includes the likes of Kagen, Ginsburg


193 posted on 02/14/2018 7:47:37 AM PST by manc ( If they want so called marriage equality then they should support polygamy too.)
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To: heights

Trump is setting this up. When daca expires, he’s got cover. “I tried” he can say. Deportations will start first day. Then, then we will get progress on this issue. Trump is going to win big time.

But, anyone that thinks there isn’t eventually going to be some compromise is fooling themselves. “Path to citizenship” is coming and whether that is good or bad depends on the details.


194 posted on 02/14/2018 7:49:59 AM PST by Professional
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To: jazusamo
A little wishful thinking, I suppose:

Judge Nicholas G. Garaufis...


195 posted on 02/14/2018 7:51:55 AM PST by ssaftler (Just another sunny day in the land of the fruits, nuts, flakes and illegals.)
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To: All

Jail for judges, who violate the actual law.

There is _no_ law supporting DACA on the books; _none_.


196 posted on 02/14/2018 8:46:59 AM PST by veracious (UN = OIC = Islam ; Dems may change USAgov completely, just amend USConstitution)
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To: jazusamo

How can a mere jackass in a black robe issue an Executive Order?


197 posted on 02/14/2018 12:37:56 PM PST by MeganC (There is nothing feminine about feminism.)
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To: MeganC

In my view this jackass of a judge is crazier than a bedbug, he can’t legally issue an EO.


198 posted on 02/14/2018 12:50:34 PM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Judge nobody is listening to you. Cite where you were given the authority to run the US or step down.


199 posted on 02/14/2018 1:13:26 PM PST by Carry me back (Cut the feds by 90%)
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To: veracious

Corrupt judges. That’s why they were placed there. Round them up and report them. The judges too.


200 posted on 02/14/2018 1:18:23 PM PST by Carry me back (Cut the feds by 90%)
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